Spousal Property Petitions
What is a Petition for Spousal Property?
A Spousal Property Petitions is a state-specific form that identifies the property in dispute and explains why it should get given to the surviving spouse. If you have a formal agreement or a supporting will, you must copy it and attach it to the completed form. This paperwork will get filed, and a local clerk will give you a hearing date. A judge will grant or deny the petition at the hearing.
The procedure is straightforward, but it is critical not to overlook the finer points. Before the hearing, you must notify particular people and complete further paperwork (Form DE-226, California). There are other considerations to be made when the property goes to you, such as whether you inherit your spouse's debts. These questions are best left to a legal or estate planning specialist to answer.
Factors That Affect Spousal Property Petitions
Sole beneficiary
If your decedent spouse created a will that named you as the only beneficiary, you can seek to transfer both community and separate property to you.
Multiple beneficiaries
If you are not the only beneficiary named in the will of your deceased spouse, then your spousal property petition may become more complicated.
No will
When someone passes away with no will, the court will follow California’s intestate succession guidelines to distribute the decedent’s separate property.
Notice of Hearing on Spousal Property Petition
Once the form for a Spousal Property Petition is filled out and sent to the clerk, the surviving spouse (or their representative) has up until the last 15 days before the hearing date to notify a few critical individuals through a Notice of Hearing either in person or by mail. These include:
- All the other heirs of the decedent.
-The administrator of the decedent’s estate.
-All persons interested in the estate have asked for Special Notice through Probate Code Section 1250.
-In some cases, the Attorney General of California.
Please call 951.823.5138 or contact our lawyers EMail us on to schedule a free initial consultation to discuss filing domestic partner property petitions. We serve clients in Riverside, Los Angeles, Orange County and San Bernardino.
